Maurice Cummins (Fine Gael)

I move amendment No. 5:

In page 19, between lines 4 and 5, to insert the following:

"(2) Where a judge of the District Court issues a search warrant under subsection (1), he or she shall endorse or cause to be endorsed on such a warrant-

(a) the time and date of the issue of the warrant,

(b) the time and date on which the warrant shall expire, the period of validity of any warrant not to exceed one week,

(c) the named member to whom the warrant applies, and

(d) the maximum number of other members or persons who may accompany the named member, where a limit on such members or persons applies.".

Section 6 governs search warrants. Such matters have been prominent in the news media in recent months and years. There are several examples of cases where the subjects of search warrants have managed to get evidence disallowed because of a technical error on the part of gardaí. I accept it is necessary to balance the rights of accused persons with the right of society to obtain proper and lawful evidence. My party is very much opposed to the idea that people should be able to escape justice in any respect on foot of a technicality.

Time limits on search warrants appear to be a cause of regular confusion. This amendment seeks to clarify the issue once and for all. The insertion of this subsection would ensure the time limit on the warrant, including specific mention of when it expires, would be plainly on the warrant for any person to read. Similarly, it would make it clear exactly who is entitled to search a property covered by a warrant. This would benefit the Garda from the point of view of ensuring they would not exceed the terms of the warrant either by gathering evidence after it has expired or by allowing unauthorised members or persons from carrying out the search. The proposed change would also benefit persons whose property is subject to the search because all necessary information would be plainly evident on the search warrant.

Amendment No. 6 also relates to search warrants, which are currently automatically valid for one week. This is not necessary in most cases as the Garda execute warrants well within the seven-day limit. One week is an arbitrary length of time and acceptance of this amendment would allow a District Court judge to vary the term of a warrant, as he or she would deem fit. This is an entirely sensible provision and it would still prevent a warrant from being valid for more than one week.

Amendment No. 7 is designed to put a system of checks and balances in place for warrants issued by members of the Garda Síochána. Section 6(2) allows certain senior gardaí to issue search warrants where the District Court justice is unavailable for that purpose. The principle behind the amendment is that an independent body would be able to examine the issue of such warrants to ensure the procedure was carried out correctly and lawfully but also to reassure the public that this provision would not be abused in any way.

Amendment No. 8 will ensure gardaí have no excuse for exceeding the time limit relating to a search warrant and amendment No. 9 makes clear provisions in respect of the length of time during which a search can be conducted and includes incentives for the Garda to carry out searches in an expeditious manner.

These amendments all relate to warrants and include provisions in regard to locations, timeframes and so on. They are sensible and should be given serious consideration by the Minister.